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This is a Bill, not an Act. For current law, see the Acts databases.
2016-2017-2018
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Home Affairs Legislation Amendment
(Miscellaneous Measures) Bill 2018
No. , 2018
(Home Affairs)
A Bill for an Act to amend the law relating to
migration, customs and passenger movement
charge, and for related purposes
No. , 2018
Home Affairs Legislation Amendment (Miscellaneous Measures) Bill
2018
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments relating to removal
4
Migration Act 1958
4
Schedule 2--Giving of documents
6
Migration Act 1958
6
Schedule 3--Recoverable payments
7
Customs Act 1901
7
Schedule 4--Passenger movement charge
9
Passenger Movement Charge Collection Act 1978
9
Schedule 5--Minor amendments
10
Customs Act 1901
10
No. , 2018
Home Affairs Legislation Amendment (Miscellaneous Measures) Bill
2018
1
A Bill for an Act to amend the law relating to
1
migration, customs and passenger movement
2
charge, and for related purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act is the Home Affairs Legislation Amendment
6
(Miscellaneous Measures) Act 2018.
7
2 Commencement
8
(1) Each provision of this Act specified in column 1 of the table
9
commences, or is taken to have commenced, in accordance with
10
column 2 of the table. Any other statement in column 2 has effect
11
according to its terms.
12
2
Home Affairs Legislation Amendment (Miscellaneous Measures) Bill
2018
No. , 2018
1
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedule 1
The day after this Act receives the Royal
Assent.
3. Schedule 2
A single day to be fixed by Proclamation.
However, if the provisions do not commence
within the period of 6 months beginning on
the day this Act receives the Royal Assent,
they commence on the day after the end of
that period.
4. Schedule 3
The day after this Act receives the Royal
Assent.
5. Schedule 4
A single day to be fixed by Proclamation.
However, if the provisions do not commence
within the period of 6 months beginning on
the day this Act receives the Royal Assent,
they commence on the day after the end of
that period.
6. Schedule 5
The day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
2
enacted. It will not be amended to deal with any later amendments of
3
this Act.
4
(2) Any information in column 3 of the table is not part of this Act.
5
Information may be inserted in this column, or information in it
6
may be edited, in any published version of this Act.
7
3 Schedules
8
Legislation that is specified in a Schedule to this Act is amended or
9
repealed as set out in the applicable items in the Schedule
10
No. , 2018
Home Affairs Legislation Amendment (Miscellaneous Measures) Bill
2018
3
concerned, and any other item in a Schedule to this Act has effect
1
according to its terms.
2
Schedule 1 Amendments relating to removal
4
Home Affairs Legislation Amendment (Miscellaneous Measures) Bill
2018
No. , 2018
Schedule 1--Amendments relating to removal
1
2
Migration Act 1958
3
1 Paragraph 42(2A)(ca)
4
Before "the non-citizen", insert "if".
5
2 Paragraph 42(2A)(d)
6
Repeal the paragraph, substitute:
7
(d) if:
8
(i) an attempt to remove the non-citizen under section 198
9
to another country was made but the removal was not
10
completed; and
11
(ii) the non-citizen travels to Australia as a direct result of
12
the removal not being completed; and
13
(iii) the non-citizen is a person who would, if in the
14
migration zone, be an unlawful non-citizen; or
15
(da) if:
16
(i) the non-citizen has been removed under section 198 to
17
another country but the non-citizen does not enter the
18
other country; and
19
(ii) the non-citizen travels to Australia as a direct result of
20
not entering the other country; and
21
(iii) the non-citizen is a person who would, if in the
22
migration zone, be an unlawful non-citizen; or
23
3 After subsection 48(1A)
24
Insert:
25
(1B) If:
26
(a) an attempt was made to remove a non-citizen from the
27
migration zone under section 198 but the removal was not
28
completed; and
29
(b) the non-citizen is again in the migration zone as a result of
30
travel to Australia that is covered by paragraph 42(2A)(d);
31
then, for the purposes of this section (which applies only in respect
32
of applications made while a non-citizen is in the migration zone),
33
Amendments relating to removal Schedule 1
No. , 2018
Home Affairs Legislation Amendment (Miscellaneous Measures) Bill
2018
5
the non-citizen is taken to have been continuously in the migration
1
zone despite the attempted removal.
2
Note:
Paragraph 42(2A)(d) relates to the travel of a non-citizen to Australia
3
after an attempt to remove the non-citizen has been made under
4
section 198.
5
4 Paragraph 48(2)(b)
6
Omit "paragraph 42(2A)(d)", substitute "paragraph 42(2A)(da)".
7
5 Subsection 48(2) (note)
8
Repeal the note, substitute:
9
Note:
Paragraphs 42(2A)(da) and (e) relate to the travel of a non-citizen to
10
Australia after the non-citizen has been removed from Australia under
11
section 198.
12
6 After subsection 48A(1AA)
13
Insert:
14
(1AB) If:
15
(a) an attempt was made to remove a non-citizen from the
16
migration zone under section 198 but the removal was not
17
completed; and
18
(b) the non-citizen is again in the migration zone as a result of
19
travel to Australia that is covered by paragraph 42(2A)(d);
20
then, for the purposes of this section, the non-citizen is taken to
21
have been continuously in the migration zone despite the attempted
22
removal.
23
Note:
Paragraph 42(2A)(d) relates to the travel of a non-citizen to Australia
24
after an attempt to remove the non-citizen has been made under
25
section 198.
26
7 Paragraph 48A(1A)(b)
27
Omit "paragraph 42(2A)(d)", substitute "paragraph 42(2A)(da)".
28
8 Subsection 48A(1A) (note)
29
Repeal the note, substitute:
30
Note:
Paragraphs 42(2A)(da) and (e) relate to the travel of a non-citizen to
31
Australia after the non-citizen has been removed from Australia under
32
section 198.
33
Schedule 2 Giving of documents
6
Home Affairs Legislation Amendment (Miscellaneous Measures) Bill
2018
No. , 2018
Schedule 2--Giving of documents
1
2
Migration Act 1958
3
1 Subsection 494B(1A)
4
Omit "methods mentioned in subsections (4) and (5) to dispatch or
5
transmit, as the case may be,", substitute "method mentioned in
6
subsection (4), (5) or (5A) to dispatch, transmit or make available".
7
2 Subsection 494B(1A) (note)
8
Omit "or (5)", substitute ", (5) or (5A)".
9
3 After subsection 494B(5)
10
Insert:
11
Making document available by way of online account
12
(5A) Another method consists of the Minister making the document
13
available by way of an online account of the recipient established
14
for purposes relating to this Act or the regulations.
15
4 After subsection 494C(5)
16
Insert:
17
Making document available by way of online account
18
(6) If the Minister gives a document to a person by the method in
19
subsection 494B(5A) (which involves making the document
20
available by way of an online account), the person is taken to have
21
received the document at the end of the day on which it is made
22
available.
23
Recoverable payments Schedule 3
No. , 2018
Home Affairs Legislation Amendment (Miscellaneous Measures) Bill
2018
7
Schedule 3--Recoverable payments
1
2
Customs Act 1901
3
1 At the end of subsection 165(3)
4
Add "or subsection 278(2)".
5
2 Paragraph 165(5)(b)
6
After "subsection (2)", insert "or subsection 278(2)".
7
3 Subsection 165(6)
8
After "subsection (1) or (2)", insert "or subsection 278(2)".
9
4 Paragraph 273GA(1)(ja)
10
After "overpaid", insert "or for payment of an amount that is a debt due
11
to the Commonwealth under subsection 278(2)".
12
5 At the end of Part XVII
13
Add:
14
278 Recoverable payments
15
(1) If, apart from this subsection, the Commonwealth does not have
16
power under this Act or the regulations to pay an amount (the
17
relevant amount) to a person purportedly as:
18
(a) a refund or rebate of duty to which the person is entitled to in
19
accordance with section 163; or
20
(b) a drawback of duty to which the person is entitled to in
21
accordance with regulations made for the purposes of
22
section 168;
23
then the Commonwealth may pay the relevant amount to the
24
person.
25
Debt
26
(2) If a payment is made under subsection (1) to the person, the
27
relevant amount is a debt due to the Commonwealth by the person.
28
Schedule 3 Recoverable payments
8
Home Affairs Legislation Amendment (Miscellaneous Measures) Bill
2018
No. , 2018
Note:
For recovery of the debt, see section 165.
1
Appropriation
2
(3) The Consolidated Revenue Fund is appropriated for the purposes
3
of making payments under subsection (1).
4
279 Reports about recoverable payments
5
(1) The Secretary of the Department must cause the following
6
information to be included in the Department's annual report for a
7
financial year:
8
(a) the number of payments under subsection 278(1) that APS
9
employees in the Department are aware of that were made
10
during that financial year;
11
(b) the total amount of the payments referred to in paragraph (a);
12
(c) the number of payments under subsection 278(1) that APS
13
employees in the Department became aware of during that
14
financial year that were made during an earlier financial year;
15
(d) the total amount of the payments referred to in paragraph (c);
16
(e) for each payment referred to in paragraph (c)--the financial
17
year in which the payment was made.
18
(2) Information is not required in the Department's annual report if no
19
APS employee in the Department is aware of any payments
20
referred to in paragraph (1)(a) or (c).
21
Passenger movement charge Schedule 4
No. , 2018
Home Affairs Legislation Amendment (Miscellaneous Measures) Bill
2018
9
Schedule 4--Passenger movement charge
1
2
Passenger Movement Charge Collection Act 1978
3
1 Section 15
4
Before "The", insert "(1)".
5
2 At the end of section 15
6
Add:
7
(2) The regulations may make provision for and in relation to the
8
following:
9
(a) the charging and recovery of fees in respect of:
10
(i) the payment of charge; or
11
(ii) the payment of an amount to the Commonwealth under
12
an arrangement under subsection 10(1);
13
(b) the way in which such fees are to be paid;
14
(c) the refund of such fees.
15
3 Transitional provision
16
Regulations in force under section 15 of the Passenger Movement
17
Charge Collection Act 1978 immediately before the commencement of
18
this item continue in force on and after that commencement as if they
19
were regulations in force under subsection 15(1) of that Act.
20
Schedule 5 Minor amendments
10
Home Affairs Legislation Amendment (Miscellaneous Measures) Bill
2018
No. , 2018
Schedule 5--Minor amendments
1
2
Customs Act 1901
3
1 Paragraph 58A(4)(a)
4
Omit "whether or not in the course of a longer journey", substitute "to
5
an external place, whether or not in the course of a longer journey".
6
2 Paragraph 58A(5)(a)
7
Omit "whether or not the goods are sent on from that place", substitute
8
"to an external place, whether or not the goods are sent on from that
9
place".
10
3 Subsection 208DA(4)
11
Omit "sold or otherwise disposed of under subsection (2)", substitute
12
"transferred to the Official Trustee under subsection (2)".
13